{"operation":"document","citation":"CPF 520121019W","title":"NORTH BAJA PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-08-22","effective_on":null,"summary":"CLOSED warning letter citing 192.615(c), 199.113(c), 199.241.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520121019W","body":"Warning Letter involving NORTH BAJA PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 192.615(c),  199.113(c),  199.241. The case was opened on 2012-08-22 and is reported as closed as of 2012-08-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520121019W_Operator_Response_09282012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121019W/520121019W_Operator_Response_09282012.pdf\n\n520121019W_warning letter_08222012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121019W/520121019W_warning%20letter_08222012.pdf\n\n520121019W_Warning Letter_08222012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121019W/520121019W_Warning%20Letter_08222012_text.pdf\n\n520121019W_Warning Letter_08222012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 22, 2012\nMr. Vern Meier\nVP, US Pipelines, Field Operations\nTransCanada Corporation\n717 Texas Avenue\nHouston, TX 77002\nCPF 5-2012-1019W\nDear Mr. Meier:\nOn August 30 to September 1, 2011, a representative from the Arizona Corporation Commission\non behalf of the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nEhrenberg Compressor Station and mainline pipe in Western Arizona.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.615 Emergency plans.\n(c) Each operator shall establish and maintain liaison with appropriate fire, police,\nand other public officials to:\n(1) Learn the responsibility and resources of each government organization that\nmay respond to a gas pipeline emergency;\n(2) Acquaint the officials with the operator's ability in responding to a gas pipeline\nemergency;\n(3) Identify the types of gas pipeline emergencies of which the operator notifies the\nofficials; and,\n\n\n\n(4) Plan how the operator and officials can engage in mutual assistance to minimize\nhazards to life or property.\nAt the time of the inspection, TransCanada did not have evidence that they conducted liaison\nactivities with appropriate fire, police and other public officials to learn the responsibilities and\nresources of each organization that may respond to a gas pipeline emergency. TransCanada\nfailed to acquaint the officials with their ability in responding to a gas pipeline emergency and\nhow they can engage in mutual assistance to minimize hazards to life and property.\n2. §199.113 Employee assistance program.\n(c) Training under each EAP for supervisory personnel who will determine whether\nan employee must be drug tested based on reasonable cause must include one 60-\nminute period of training on the specific, contemporaneous physical, behavioral,\nand performance indicators of probable drug use.\nTransCanada does not have “on-site” supervisory personnel who were provided the 60-minute\ntraining regarding identification of probable drug use. The interim southern area manager,\nStewart Sportsman, is trained but is only “on-site” approximately once every 3 months. The\ndeficiency will also result in Recordkeeping and Retention of Records violations under §199.117\nand §199.227, respectively.\n3. §199.241 Training for supervisors.\nEach operator shall ensure that persons designated to determine whether\nreasonable suspicion exists to require a covered employee to undergo alcohol testing\nunder §199.225(b) receive at least 60 minutes of training on the physical, behavioral,\nspeech, and performance indicators of probable alcohol misuse.\nTransCanada does not have “on-site” supervisory personnel who were provided the 60-minute\ntraining regarding identification of probable alcohol misuse. The interim southern area manager,\nStewart Sportsman, is trained but is only “on-site” approximately once every 3 months. The\ndeficiency will also result in Recordkeeping and Retention of Records violations under §199.117\nand §199.227, respectively.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in TransCanada Corporation being subject to additional enforcement\naction.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2012-1019W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 T. Finch (#133004)\nACC-Robert Miller\n3","truncated":false,"body_characters":5531}